NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that Sam Mathis, weed mowing machine operator, be reimbursed for expenses incurred for meals during the month of September, 1942, in the amount of $19.65, and during the month of October, 1942, in the amount of $6.85.
EMPLOYES' STATEMENT OF FACTS: The home station or headquarters of Sam Mathis is Tupelo, Mississippi.
For certain periods during the months of September and October, 1942 Sam Mathis was assigned to operate a weed mowing machine away from his headquarters over the Southern Division. No camp or outfit cars were provided.
POSITION OF EMPLOYES: As stated in Employes' Statement of Facts, the home station or headquarters of Sam Mathis is Tupelo, Mississippi to which point he is regularly assigned as a section laborer-relief foreman. From September 8th to 30th and from October 1st to 9th, 1942, Sam Mathis was assigned to operate a weed mowing machine away from his headquarters over the Southern Division. No camp or outfit cars were provided.
Rule 12 (a) and (c) of Agreement in effect between the Carrier and the Brotherhood reads:
"(a) When employes are temporarily taken away from their camp outfits or headquarters to perform work requiring variable hours, they will be paid for all time worked in excess of eight (8) hours per day on overtime basis, and time traveling will be paid for at straight time rate. Time waiting after the first eight (8) hours will not be paid for, provided that in no case will such employes be paid for less than eigt (8) hours for each calendar day worked."
"(c) When employes, enumerated in Sections (a) and (b) of this rule are taken away from camp outfits or headquarters to perform work requiring variable hours, meals and lodging will be furnished at the company's expense."
As will be observed, Rule 12 (c) provides that employes who are temporarily taken away from their camp outfits or their headquarters will be furnished with meals and lodging at the railway company's expense.
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The rule applies in either of two instances, namely (1) where employes are temporarily taken away from their camp outfits, or (2) where employes are temporarily taken away from their headquarters. In either event carrier is obligated under the rule to provide meals and lodging at its expense unless it furnishes camp cars, as provided in Rule 17.
Under Rule 17 it is optional with carrier whether camp cars are to be provided. No such equipment was furnished either where employe was performing the temporary assignment or at the place where he was regularly assigned. But Carrier is still obligated to pay expenses if employe brings himself within Rule 12.
The question posed by the claim in this case is, therefore, was employe under the facts disclosed by the record temporarily taken away from his headquarters? We believe that under a reasonable interpretation of this rule the headquarters of Claimant was at Tupelo where he was regularly employed in the capacity of section laborer and relief foreman. Compare Award 1446. That he was temporarily taken away from such headquarters to perform the weed mowing work seems clear from the fact that he worked on that assignment only from September 8 to 30, and from Oct. 1 to 9, 1942.
Having been temporarily taken away from his headquarters at Tupelo, he brings himself within the rule and is entitled to expenses for meals.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employe involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and